<p>
<b>RewardZone USA, LLC – Level Up Rewards Program –Terms &.
Conditions </b>
</p>
<p>
<b>Last Modified: </b>October 29, 2021</p>
<p>RewardZone USA, LLC
("Level Up", “we,” “us,” and “our”) operates this website (“Website”), as well as other
websites (collectively, the “Websites”), where you can earn merchandise and/or
gift cards (collectively, “Rewards”) by, as detailed below, registering and
providing personally identifiable information, registering for and/or
purchasing certain products and/or services (“Deals”) available on the Website
from our advertiser clients and marketing partners (collectively, “Marketing
Partners”), and completing the Reward claim process, which requires ID
verification. </p>
<p>By accessing and using
the Website, you agree to and accept these Terms &.
Conditions, as well as
our Privacy Policy and any additional terms, conditions,
and policies published on the Website (collectively, the “Agreement”).
If you
do not agree to and accept the terms of the Agreement in their entirety, you do
not have permission to visit and/or use the Website.</p>
<p>
<b>Mandatory
Arbitration. </b> These Terms
&.
Conditions contain a mandatory arbitration provision, as detailed below,
that requires you to arbitrate, individually, all disputes or claims that you
may have with us, our parent, related parties, or Marketing Partners, who are
third-party beneficiaries of the mandatory arbitration provision.
Thus, for
example, if you provide prior express written consent to be contacted via
telemarketing or SMS/text messaging, any claims that you may have regarding any
telemarketing or SMS/text messages that you receive are subject to the
mandatory arbitration provision.
The mandatory arbitration provision also
waives your right to participate in a class action or multi-party arbitration.
There are two narrow exceptions to the mandatory arbitration provision: (1) you
may opt-out by providing written notice of your decision to do so within thirty
(30) days of the date that you first register on an Website].
and (2) you may
opt-out by filing a claim in Small Claims Court provided the requirements
described below are met.</p>
<p>
<b>How the Rewards
Program Works.</b> To qualify for a
Reward, you must: (1) be a U.S.
resident, 18 years of age or older.
(2) provide
accurate registration information (including your name and contact information,
i.e., valid residential and email addresses), and (3) <b>COMPLETE THE
REQUIRED NUMBER AND LEVELS OF DEALS WHICH REFERS TO A GROUP OF DEALS ("LEVELS") AND DEALS, WHICH USUALLY REQUIRE PAID PARTICIPATION
OR PAID SUBSCRIPTION</b>, within a sixty-day period that commences on the date
that you complete your first Deal (you will have options in terms of the Deals
you select to complete and if one or more Deals that you select require longer
than 60 days to earn credit – for example, you must pay for a monthly
subscription charge following a trial period - you will have the length of time
required to earn credit for the Deal plus an additional 60 days thereafter to
complete the requisite number and categories of .
Deals).<b> Once you
have completed the required number and Levels of Deals to qualify for your
Reward, you must promptly complete the reward claim process, which requires ID
verification, to claim and obtain your Reward.</b> Once you start the Reward claim process, you must complete it within thirty (30) days. </p>
<p>
<b>
<br>
</b>
</p>
<p>
<b>Choose your Reward.</b> To earn your Reward, you must complete
the number of Deals at each Level that correspond to the Reward value of your
choosing.
You can claim your Reward early once you've completed the minimum number of Deals per Level.
The Level Up program allows you to select or change your Reward value up until you begin the process to claim your Reward.
Once you start the Reward claim process, you must obtain the Reward you selected. </p>
<p>
<br>
</p>
<p>At each Level, you can choose to continue to complete Deals and "Level Up" or claim a Reward and exit the Level Up program.
You can complete Deals and claim Rewards at values of $5, $100, $250, $500, $750, and $1000 as set out below:</p>
<p>
<br>
</p>
<p>
<b>
<i>Level</i>
</b>
</p>
<p>
<b>
<i>Reward Value</i>
</b>
</p>
<p>
<b>
<i>Total Deals required to claim Reward</i>
</b>
</p>
<p>
<b>
<i>1</i>
</b>
</p>
<p>
<b>
<i>-</i>
</b>
</p>
<p>
<b>
<i>-</i>
</b>
</p>
<p>
<b>
<i>2</i>
</b>
</p>
<p>
<b>
<i>$5</i>
</b>
</p>
<p>
<b>
<i>2</i>
</b>
</p>
<p>
<b>
<i>3</i>
</b>
</p>
<p>
<b>
<i>$100</i>
</b>
</p>
<p>
<b>
<i>5</i>
</b>
</p>
<p>
<b>
<i>4</i>
</b>
</p>
<p>
<b>
<i>$250</i>
</b>
</p>
<p>
<b>
<i>10</i>
</b>
</p>
<p>
<b>
<i>5</i>
</b>
</p>
<p>
<b>
<i>$500</i>
</b>
</p>
<p>
<b>
<i>15</i>
</b>
</p>
<p>
<b>
<i>5</i>
</b>
</p>
<p>
<b>
<i>$750</i>
</b>
</p>
<p>
<b>
<i>20</i>
</b>
</p>
<p>
<b>
<i>5</i>
</b>
</p>
<p>
<b>
<i>$1000</i>
</b>
</p>
<p>
<b>
<i>25</i>
</b>
</p>
<p>
<i>*A $5 Rewards required completion of one Level 1 Deal and one Level 2 Deal</i>
<i>
</i>
</p>
<p>
<i>*A $100 Reward requires the completion of one Level 1, one Level 2, and three Level 3 Deals. .
</i>
<i>
</i>
</p>
<p>
<i>*A $250 Reward requires the completion of one Level 1, one Level 2, three Level 3 and five Level 4 Deals.
</i>
<i>
</i>
</p>
<p>*<i>A $500 Reward requires the completion of one Level 1, one Level 2, three Level 3 and five Level 4 Deals, and five Level 5 Deals.</i>
<i>
</i>
</p>
<p>
<i>*A $750 Reward requires the completion of one Level 1, one Level 2, three Level 3 and five Level 4 Deals, and ten Level 5 Deals.</i>
<i>
</i>
</p>
<p>
<i>*A $1000 Reward requires the completion of one Level 1, one Level 2, three Level 3 and five Level 4 Deals, and fifteen Level 5 Deals.</i>
<b>
</b>
</p>
<p>
</p>
<p> </p>
<p>
</p>
<p>
<b>Registration and
Verification.</b> Please provide
accurate registration information, including your name and contact information,
i.e., valid residential and email addresses.
After you register and complete a Level 1 Deal, you may be asked to verify your email and/or residential
address. </p>
<p>
<br>
</p>
<p>
<b>Completion of
Deals. </b>The various Levels and
Deals are only available after you have completed the registration process,
reviewed the survey pages (you can skip to the end of the survey pages by
clicking the "Skip" button that's on every page of the survey), and viewed
optional offers.
Information on survey pages and optional offers, which do not
need to be completed to qualify for a Reward, are set out below.
To be credited
with completion of a Deal, you must access the Deal through the Website on a
Deal page, through a valid link provided to you by customer support or
through a link obtained through our refer-a-friend micro-affiliate program
described below.
If you link to a Deal and complete it in any other manner, you
may not receive credit for that Deal.
You must use the same accurate contact
information for completing the required Deals as you did during the
registration process in order to receive credit towards a Reward for a Deal.
You may not have a third party (friend, relative, etc.) complete Deals for you.
You cannot sign up for the same Deal more than once to get credit for a
Reward. </p>
<p>
<br>
</p>
<p>If you do not
complete all of the required Deals during your initial visit to the
Website, click the “Reward Status” button (located in the footer section of the
Website’s landing page), log in, and use the provided link that will enable you
to resume signing up for Deals.
If you are unable to resume signing up for
Deals via this method, please contact customer support for assistance.
You should retain any
confirmation emails or other documentation received applicable to the completed
Deals so that, if requested, you can document completion of the required
Deals. </p>
<p>
<br>
</p>
<p>For a subscription or
purchase Deal, the Marketing Partner must be able to successfully bill your
credit card at least once or for the number of times specified in
the particular Deal’s terms to receive credit.
Some of our Marketing
Partners will not accept prepaid cards to complete Deals.
You will not be
credited with completing a Deal unless the Marketing Partner confirms your
completion, so do not use a prepaid card for Deals or cancel a Deal right after
you signup.
Many Marketing Partners will not give credit to a “quick cancel.”
For this reason, there may be a delay from the time you sign up for a Deal and
when it appears as a completed Deal on your Reward Status.
Additional terms and
conditions may apply to participate in select Deals.
You should read
the terms of each Deal provided by the Marketing Partner for an explanation of
these terms.
Specific Deal terms, as well as the Terms and Conditions set out
herein (if applicable), govern each Deal.
See our Representative
Deal Chart for a brief
description of most Deals, information on initial and ongoing commitments, and
how to cancel.
For additional information on Deals, visit the sponsoring
Marketing Partner’s website. </p>
<p>
<br>
</p>
<p>
<br>
</p>
<p>
<b>Refer-a-Friend Program. </b> We may offer, from time, a
refer-a-friend program, where a user can earn an e-gift card in a
to-be-specified amount for referring a number of friends to our
Site. .
We will post the program terms which will include a unique link
that each participant will provide to the friends they are referring. .
We’ll also specify the numbers of friends required to earn the e-gift card and
other program terms. </p>
<p>
<br>
</p>
<p>
<b>Reward Status. </b>You can check on your progress at any time by
logging in with your email address on Reward
Status. It may take up to five days for your
completed Deals to display, so please be patient.
Customer support is available
to provide assistance here. </p>
<p>We recommend that you
keep email confirmations from completed Deals, as we may ask for them to enable
verification of your completion of Deals as described below.
We also reserve the
right to require you to provide us with proof of payment for completed Deals.
Acceptable proof includes copies of bank or credit card statements.
When you
make copies of your statements, we ask that you cover your account
number. </p>
<p>
<br>
</p>
<p>
<b>Reward Claim Process. </b> </p>
<p>
<b>1.
Start Reward claim
process by clicking on the “Claim Reward” popup notification.</b> Once you have completed the required
number and Levels of Deals, a popup will appear alerting you that you are
ready to proceed to the Reward claim process.
Click on the popup to proceed to
the Reward claim process pages.
Alternatively, you may log into the Website and
click the “Reward Status” button at the bottom of the page, also
available here. Enter the email address you registered
with and click on the “Check Reward status” button.
If you have completed the
required number and categories of Deals, you will be eligible to start the
Reward claim process by clicking on the “Claim Reward” button. </p>
<p>
<br>
</p>
<p>
<b>2.
Verifying your
Deals. </b>Please note that some
Deals may require verification before you can proceed with the Reward claim
process.
We may ask you to submit “proof of completion” to confirm that you
completed certain Deals.
If verification is required, once you click the
“Continue” button, an email will go out to you with instructions on how to
verify your Deals so you can continue the Reward claim process.
Verification
may require you to provide an unaltered copy of the confirmation email(s) of
the Deals that you completed, proof of payment, and/or a screenshot of required
documentation, such as a screenshot of a mobile application, using your smart
phone. </p>
<p>
<br>
</p>
<p>
<b>3.
Submit claim
ticket.</b> Once all Deals
have been verified (or if no verification was required), accurately fill out
and submit your claim ticket to start the Reward claim process.
Please provide
accurate information consistent with the information provided during the
registration process to ensure timely processing of your claim ticket.
Once you
have submitted a claim ticket for a particular Reward, you may not change your
Reward.
Failure to provide accurate information may result in processing delays
and/or disqualification of your claim. </p>
<p>
<br>
</p>
<p>
<b>4.
Submit claim
verification form and verify ID. </b>Once you submit your claim ticket, you should receive an email
with directions concerning the ID verification steps that need to be undertaken
to claim the Reward: </p>
<p>
<br>
</p>
<p> <b>ID
Verification Email</b> – This email will provide you with a link to verify
your identification by scanning or uploading a clear photo of an unexpired,
government-issued ID. .
The ID verification process is operated through our
third-party vendor, Veratad.
Submission of your ID
via Veratad’s secure process is encrypted end-to-end and your
information will only be used for purposes of ID verification.
After clicking
on the link, you will receive an additional email from noreply@rewardsclaims.com that includes a 4 digit code.
Once you enter this code, you will be prompted to upload your government-issued
photo ID. </p>
<p>
<br> If Veratad cannot verify your government-issued ID, our claims team
may ask for additional verification such as proof of residency (such as a utility
bill). </p>
<p>
<br>
</p>
<p>
<b>If you do not
immediately receive these emails, check your spam/junk folder or </b>
<b>contact us</b>
<b> for assistance.
Note that the emails
will only be sent to the email address provided during initial
registration. </b> </p>
<p>
<br>
</p>
<p>
<b>5.
Receive your
Reward. </b>Within 72 hours of
receipt of your claim ticket and verification submissions, we will issue an
email to you regarding the status of your submission.
If any questions are
posed with respect to your submission, you will need to promptly respond and
address those issues.
Otherwise, your submission may remain incomplete and your
time to claim the Reward may lapse.
If you have any questions or concerns, you
must promptly contact
customer service to address the
same.
Once you have successfully completed your submission, we will send you
your Reward within 7-10 business days.
We reserve the right to audit claims to
ensure that only users who fully comply with these Terms &.
Conditions can
claim a Reward. </p>
<p>
<br>
</p>
<p>
<b>Key points to
remember:</b> </p>
<p>
</p>
<ul>
<li>
<p> Throughout the process, you must use one email address to complete all Deals.
After you register and after completing a Level 1 Deal, you may be asked to verify your email and/or residential address</p>
<ul>
<li>To earn the applicable Reward, you must complete the required number of Deals in the required levels within sixty (60) days of completing the first Deal, unless a Deal that you elected to complete requires longer than sixty (60) days to earn credit.
For deals that require longer than 60 days to earn credit, you will have the length of time that is required to earn a Deal credit plus an additional sixty (60) days complete the required number of Deals in the required levels. </li>
</ul>
<p>  .
• Rewards are subject to the Household Waiting Period Rule, described below. </p>
</li>
</ul>
<p>  .
•
Once you have completed the required number and categories of Deals to qualify
for your Reward, you must start the Reward claim process, which requires ID
verification. </p>
<p>  .
•
Once you start the Reward claim process (by clicking on the “Claim Reward”
button), you must complete the Reward claim process within thirty (30)
days. </p>
<p>  .
•
The Reward claim process includes the completion of a claim ticket on the
Website followed by ID verification.
Instructions on ID verification will be
sent to the email address provided during initial registration following your
submission of the claim ticket on the Website. </p>
<p>  .
•
You may not change your Reward selection once your claim ticket has been
submitted. </p>
<p>  .
•
We may substitute a gift card of equal or greater value for another gift card
or other merchandise of equivalent value for the Reward you earned. </p>
<p>  .
•
We will use the contact information you entered at registration to communicate
with you.
It is your responsibility to make sure that information is accurate.
We are not responsible and will not replace any lost, stolen, or mis-delivered
Rewards unless the mis-delivery is determined, at our discretion to result solely from
error on our part. .
</p>
<p>
<br>
</p>
<p>
<b>We rely on our users
providing accurate registration information so we and our Marketing Partners
can connect with and market to our users.
If your registration information
(name, postal address, email address) does not match the information on your
claim ticket and claim verification form, we reserve the right to disqualify
you.
In some instances, our system may pre-populate inaccurate registration
information.
If this happens, contact us </b>
<b>here </b>
<b>and provide us the correct information so we
can update the system.</b> </p>
<p>
<b>
<br>
</b>
</p>
<p>
<b>Publicity. </b>We may use your first name, last initial, and
City and State of residence (for example John S.
Wichita, KS) on a Website.
We will also ask for a testimonial
and/or a picture of you with your Reward.
If you submit either, you grant us a
royalty-free license to display and use what you submit to us in any
medium. </p>
<p>
<br>
</p>
<p>
<b>Limitations -
Household Waiting Period Rule. </b>Rewards are limited to one Reward of any kind per person and
household (persons living at the same residential address) per eligibility
period.
You and the members of your household must wait sixty (60) days after
completing all of the Deals required for a Level 1, 2, and 3 Reward before becoming eligible for another Reward of any kind, and you must
wait twelve (12) months after completing all of the Deals required
for a Level 4 Reward before becoming eligible for another Reward of
any kind.
A household means a residence – where you live – and cannot be a PO
box, where you work, or other non-residential address.
We may ask you to prove
your household address so we can ensure compliance with the rule depending on
the Reward Level. </p>
<p>
<br>
</p>
<p>Employees of RewardZone USA, LLC and its parent,
subsidiaries and related parties and its advertising, publisher, fulfillment,
agency, and Marketing Partners, and their immediate families (including those
living in the same households) are not eligible to earn a Reward.
If we
determine you are associated with RewardZone USA,
LLC, we reserve the right to disqualify you. </p>
<p>You cannot complete
Deals using a bot or other automated means of signing up or otherwise
tamper with our system or attempt to defraud us by using multiple email
addresses or other means or otherwise “game” the Rewards Program to circumvent
the limitations described above.
You also cannot use a link to a Website provided by another person or
one obtained outside of our normal marketing channels or reuse a link that you
previously used to claim a Reward, unless we have sent you a link to share as a
part of our refer-a-friend program.
We may also disqualify you if you access a Website
‘mid-path’ by skipping the registration and/or survey pages.
If we reasonably
believe you are attempting to do so, we may void all of your attempts
to earn for a Reward. </p>
<p>
<br>
</p>
<p>
<b>Survey
Questions. </b>While on the Website,
you will be presented with survey questions.
Completion of the survey questions
is not required to earn or claim your Reward.
If you do not wish to respond to
survey questions, please simply select the “Skip the Survey button which will
bring you to the end of the survey section.
To the extent that you elect to
respond to survey questions and consent to telemarketing, information
concerning your responses to the survey questions may be shared with our
Marketing Partners.
If you no longer wish to receive such communications,
please see the terms on Telemarketing and Text Messages and the Privacy Policy. </p>
<p>
<b>Optional Offers. </b>While on the Website, you may be presented
with optional marketing offers from our Marketing Partners.
Completion of the
optional marketing offers does not count towards your Reward requirements and
is not required to earn or claim your Reward.
Optional marketing offers are
principally distinguished from Deals on the Website because they are described
as “Offers” and do not appear on the various Levels on the Website. </p>
<p>
<b>Telemarketing and Text
Messages.</b> Where you
provide “prior express written consent” within the meaning of the Telephone
Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including
artificial voice calls, pre-recorded messages and/or calls delivered via
automated technology, and text and SMS messages to the telephone number(s) that
you provided from us and the Marketing Partners.
You are not required to
provide this consent to earn a Reward or purchase any of the other goods or
services offered on the Websites.
If you provide consent, we and any of the
Marketing Partners may send you SMS messages from their short codes or long
codes.
Our short codes are 53294, 91982, 27367, 68766, and 411411.
we may
acquire additional short codes.
Message Frequency Varies, maximum 15 messages
per month.
Message and data rates may apply.
Text STOP to opt-out from future
messages and HELP for help or contact us.
Compatible carriers include: AT&T,
Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S.
Cellular,
MetroPCS, T-Mobile ® United Wireless, Virgin Mobile, Boost Mobile, Cellcom, C
Spire Wireless CellSouth, Cricket, Cincinnati Bell, and Virgin Mobile®.
T-Mobile® is not responsible for delayed or undelivered messages. </p>
<p>Further, where you
submit your personal information to us, such act constitutes an inquiry for
purposes of the Telemarketing Sales Rule (“TSR”) (16 CFR §310 et seq.), and
applicable state do-not-call regulations. .
As such, even where your
telephone number is listed on the Federal Trade Commission’s Do-Not-Call List,
and/or on applicable state do-not-call lists, we retain the right to contact
you via telemarketing in accordance with the TSR and applicable state
do-not-call regulations</p>
<p>Any claims you may
have under the TCPA and TSR against us or any of the Marketing Partners will be
subject to the Arbitration/Dispute Resolution provision below.</p>
<p>
<b>Privacy, Security and
Links. </b>See our Privacy Policy, which is incorporated herein by reference,
for more information concerning our collection and use of your information, the
security of your information, and how to have your information deleted from our
database.
For a timely response to any inquiry regarding your Deal submissions,
qualification, and Reward delivery, submit your question here.
The Website contains links to other sites or services.
For
example, when you link from a survey question, optional offer, or Deal
advertisement to another site, you are leaving the Website and are subject to
the privacy policies and terms and conditions of those sites.
We are not
responsible for the privacy practices, content, or security of such third-party
sites. </p>
<p>
<b>Tax Liability.</b> You are responsible for all local,
state, and federal taxes on any Reward you receive. </p>
<p>
<b>Agreement.
Choice of
Law/Jurisdiction and Venue. </b>You agree that these Terms &.
Conditions constitute the
agreement between us and that New York law controls, without regard to
conflicts of law provisions.
Any dispute that is not resolved by arbitration
and proceeds in a state or federal court will be adjudicated in a court in the
state of New York.
You expressly waive any defense or objection to venue or
personal jurisdiction.</p>
<p>
<b>Arbitration/Dispute
Resolution.</b> You agree to
arbitrate any and all claims arising out of or related to the Agreement.
If you
have a dispute concerning any aspect of the Agreement, including without
limitation, your participation in the Rewards Program or a telemarketing call
or SMS/text message that you received from us or a Marketing Partner, you
should first contact customer support on any of the Websites or complete a
customer support ticket here.
We will attempt to resolve the matter to your satisfaction
within thirty (30) days of our receipt of a customer support ticket.
We may
choose to provide you with a final written settlement offer during this
process.
If we provide you with a final written settlement offer and you don't
accept it, if we can't otherwise satisfactorily resolve your dispute, or if you
choose to skip this step, you must submit your dispute for resolution by
arbitration before the American Arbitration Association ("AAA") in
the county where you live by filing a separate Demand for Arbitration online by
following the instructions at https://apps.adr.org/webfile/.</p>
<p>An AAA arbitrator will
have exclusive authority to resolve any dispute or claims that you may have
with us—and our Marketing Partners who are third-party beneficiaries of the
mandatory arbitration provision—arising out of or related to the Agreement.
Matters subject to mandatory arbitration include, without limitation, whether
this Arbitration/Dispute Resolution provision applies to your particular claim
or dispute, and any claim that all or any part of the Agreement, including this
provision, are/is unenforceable.
If the claim is against us, you will need our
mailing address to file online.
To obtain our mailing address, contact us by clicking here.</p>
<p>Either party may
submit the dispute for resolution by arbitration at a location reasonably
convenient to both parties.
If either party files for arbitration, it will be
conducted in accordance with the then current AAA Consumer Arbitration
Rules. </p>
<p>If you proceed to
arbitration against us, you will pay all AAA filing fees and we will pay for
all administration and arbitrator fees unless the arbitrator determines that
your claim is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)).
For claims
brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose
whether the arbitration proceeds in person, by telephone, or based only on
submissions.
The arbitrator may award any form of individual or equitable
relief, including injunctive relief.
Any award will be final and conclusive to
the parties and may be entered in any court of competent jurisdiction.
If you
initiate arbitration against us and the arbitrator awards you relief that is
greater than our final written settlement offer made before an arbitrator was
selected, then we will pay you a minimum recovery of Five Hundred Dollars
($500.00), plus we will reimburse any reasonable expenses incurred by your
attorney, if any, including fees reasonably accrued for investigating,
preparing, and pursuing the claim in arbitration.
Although under some laws we
may have a right to an award of attorneys' fees and expenses if we prevail in
arbitration, we agree that we will not seek such an award from you.
You and
your attorneys are not required to keep the results of the arbitration
confidential.
You agree to the entry of injunctive relief to stop such a lawsuit
or to remove you as a participant in such a suit. </p>
<p>
<b>Class Action Waiver.</b> The arbitration provision contained in
these Terms &.
Conditions does not constitute a waiver of any of your rights
and remedies to pursue a claim individually and not as a class action in
binding arbitration as provided above.
This provision preventing you from
bringing, joining, or participating in class action lawsuits is an independent
agreement. </p>
<p>
<b>Exceptions to
Mandatory Arbitration. </b>There are two narrow exceptions to mandatory arbitration.
First,
you may opt-out of the Arbitration/Dispute Resolution provision by providing
written notice of your decision within thirty (30) days of the date that you
first register on any of the Websites.
To obtain our mailing address, contact us
by clicking here.</p>
<p>Second, you may choose
to pursue your dispute or claim in Small Claims Court rather than by
arbitration, but only if your dispute or claim qualifies for Small Claims Court
in a location where jurisdiction and venue over both you and RewardZone USA,
LLC is proper.</p>
<p>Other than these two
exceptions, you must arbitrate any claims as provided above.</p>
<p>YOU ACKNOWLEDGE AND
AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU
WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN, OR
PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR
MULTI-PARTY ARBITRATION BROUGHT AGAINST US, OUR MARKETING PARTNERS, OR ANY
SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.</p>
<p>
<b>Policy Against
Spam. </b>We require that all
emails promoting the Websites are sent only to users who have agreed to receive
such emails.
We prohibit any advertising of the Websites using unsolicited
“spam” emails.
If an advertiser or other person advertising or promoting our
Sites fails to comply with our “no spam” policy, we will take appropriate
disciplinary action against such person up to and including terminating our
agreement with such person.
If you feel you’ve been sent unsolicited spam
emails promoting a Website and would like to register a complaint, please let
us know here.
We will immediately investigate all allegations of spam email
and take appropriate action.</p>
<p>
<b>Disclaimer of
Warranties. </b>The Websites, Rewards,
and any third-party partner's products and/or services that you may receive
from us, one of our Marketing Partners, or other third-party partners
(collectively “activity and content relating to the Websites”) is subject to
change and is provided to you "as is" without any warranty of any
kind, either expressed or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement.
We make no warranty that the activity and content relating to
the Websites will (i) meet your requirements.
(ii) be uninterrupted,
timely, secure, or error-free.
or (iii) be accurate or reliable.
We assume no
responsibility for any damage to your computer system or loss of data that may
have resulted from material downloaded or otherwise obtained through activity
relating to the Websites.
We assume no responsibility for the deletion of, or
failure to store, email messages and any other personalization settings in
relation to activity and content relating to the Websites.
No advice or
information, whether oral or written, obtained by you from us, shall create any
warranty not expressly stated in these Terms &.
Conditions.
Please note that
some jurisdictions may not allow the exclusion of implied warranties, so some
of the above exclusions may not apply to you.
We do not represent that your use
of any content will not infringe the rights of any third parties. </p>
<p>
<b>Limitation of
Liability.</b> To the maximum
extent allowed by applicable law, we will not be liable for any indirect,
incidental, special, or consequential damages arising out of or relating to the
Terms &.
Conditions, the Websites, or any Rewards, no matter how caused.
In
no event will our total cumulative liability to any user exceed an amount equal
to the lesser of (i) the value of the Reward for which the consumer has
registered, (ii) $1,000, or (iii) the actual dollar amount consumer spent on
the Website and third-party sites completing sponsored Deals. </p>
<p>
<b>Liability Release.</b> By accessing one of the Websites or
participating in our Rewards Program, you release us and our respective
parents, subsidiaries, and other associated companies, and the directors,
shareholders, officers, employees, or agencies of any of the above
organizations, for any and all liability for any injury, death, loss, tax
liability, or damage of any kind arising from your participation in the Rewards
Program, or resulting from acceptance, possession, use, or misuse of any
sponsored Deals or Reward.</p>
<p>
<b>Indemnification.</b> You agree to indemnify and hold us, our
parents, subsidiaries, and related parties, and each of their respective
members, officers, directors, employees, agents, and/or other partners,
harmless from and against any and all claims, expenses (including reasonable
attorneys' fees, costs, and settlement costs), damages, suits, costs, demands,
and/or judgments whatsoever, made by any third party due to or arising out of:
(i) your use of a Website, any service provided by us, user generated content
(“UGC”) or Content.
(ii) your breach of these Terms &.
Conditions.
(iii)
your violation of any rights including, but not limited to, intellectual
property rights.
or (iv) any deceptive, threatening, libelous, obscene, harassing,
or offensive material contained in any of your email communications or other
submissions to a Website.</p>
<p>
<b>Updates. </b>We may revise these Terms &.
Conditions at
any time.
Your continued use of a Website and/or participation in the
Rewards Program evidences your acceptance of any changes.
If you do not accept
any of the Terms &.
Conditions, you do not have permission to complete our
registration process or access a Website.</p>
<p>
<b>Trademarks. </b>All trademarks associated with the Deals and
Rewards are the intellectual property of their respective owners.
Those owners
do not endorse, administer, or sponsor the Rewards Program or the
Website. </p>
<p>
</p>
<p> </p>